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Supreme Court Seal
South Carolina
Judicial Department
Supreme Court Published Opinions - November 2018

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.


11-14-2018 - Opinions

27835 - The Callawassie Island v. Dennis

The circuit court granted summary judgment to The Callawassie Island Members Club on the basis that its membership documents clearly and unambiguously require members to continue paying their dues until their membership is reissued, even after their resignation. The court of appeals reversed. We reverse the court of appeals and reinstate the summary judgment for all unpaid dues, fees, and other charges.

27841 - Patterson v. Witter

The Court reverses the dismissal of Petitioners' complaint and remands the case for further proceedings, finding Petitioners have satisfied the pleading requirements of Rule 23(b)(1), SCRCP.

27845 - In the Matter of Brian DeQuincey Newman

In January 2016, respondent was placed on interim suspension for failing to file state income tax returns and pay state taxes; use of a deficient written fee agreement with a client; and failing to adequately maintain his financial records as required the Rules of Professional Conduct and the Appellate Court Rules. The Court accepted the agreement for discipline by consent entered into between respondent and the Office of Disciplinary Counsel and suspended respondent from the practice of law in South Carolina for six months, retroactive to respondent's interim suspension.

27846 - In the Matter of William Levern Pyatt

The Court accepted the agreement for discipline by consent entered into between respondent and the Office of Disciplinary Counsel and publicly reprimanded respondent for failing to reconciling his real estate trust account and adequately maintain his financial records as required by the Rules of Professional Conduct and the Appellate Court Rules.

11-21-2018 - Opinions

27847 - Gordon v. Lancaster

We granted certiorari on the narrow question of whether a creditor may execute on a judgment more than ten years after its enrollment when the time period has expired during the course of litigation. We reverse and hold the expiration of the ten-year period deprives the judgment of active energy.

27848 - Turner v. SAIIA Construction

The Court dismisses this writ of certiorari as improvidently granted.

27849 - Arkay, LLC v. City of Charleston

The Court dismisses this writ of certiorari as improvidently granted.

27850 - Allstate Vehicle and Property Ins. v. Hunter

The Court answers the certified question from the United States District Court for the District of South Carolina concerning an insurer's duty to defend and to provide coverage for claims such as negligent supervision and breach of fiduciary duty in an insurance coverage dispute involving sexual abuse.

11-28-2018 - Opinions

27851 - The Senate v. McMaster

The Court granted a petition for original jurisdiction to review South Carolina Governor Henry D. McMaster's appointment of Charles Condon as Chair of the Board of Directors of the South Carolina Public Service Commission (Santee Cooper) while the South Carolina Senate was in recess. We hold that Governor McMaster properly exercised his recess appointment power in appointing Condon as Chairman of the Board.